Honest Errors Combat Decision Making 75 Years After The Hostage Case PDF Download
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Author | : Nobuo Hayashi |
Publisher | : T.M.C. Asser Press |
Total Pages | : 0 |
Release | : 2023-09-24 |
Genre | : Law |
ISBN | : 9789462656109 |
Download Honest Errors? Combat Decision-Making 75 Years After the Hostage Case Book in PDF, ePub and Kindle
This book marks the 75th anniversary of the 1948 Hostage Case in which a US military tribunal in Nuremberg acquitted General Lothar Rendulic of devastating Northern Norway on account of his honest factual error. The volume critically reappraises the law and facts underlying his trial, the no second-guessing rule in customary international humanitarian law (IHL) that is named after the general himself, and the assessment of modern battlefield decisions. Using recently discovered documents, this volume casts major doubts on Rendulic’s claim that he considered the region’s total devastation and the forcible evacuation of all of its inhabitants imperatively demanded by military necessity at the time. This book’s analysis of court records reveals how the tribunal failed to examine relevant facts or explain the Rendulic Rule’s legal origin. This anthology shows that, despite the Hostage Case’s ambiguity and occasional suggestions to the contrary, objective reasonableness forms part of the reasonable commander test under IHL and the mistake of fact defence under international criminal law (ICL) to which the rule has given rise. This collection also identifies modern warfare’s characteristics—human judgment, de-empathetic battlespace, and institutional bias—that may make it problematic to deem some errors both honest and reasonable. The Rendulic Rule embodies an otherwise firmly established admonition against judging contentious battlefield decisions with hindsight. Nevertheless, it was born of a factually ill-suited case and continues to raise significant legal as well as ethical challenges today. The most comprehensive study of the Rendulic Rule ever to appear in English, this multi-disciplinary anthology will appeal to researchers and practitioners of IHL and ICL, as well as military historians and military ethicists and offers ground-breaking new research. Nobuo Hayashi is affiliated to the Centre for International and Operational Law at the Swedish Defence University in Stockholm, Sweden. Carola Lingaas is affiliated to the Faculty of Social Studies at VID Specialized University in Oslo, Norway.
Author | : Nobuo Hayashi |
Publisher | : Springer Nature |
Total Pages | : 307 |
Release | : 2023-11-04 |
Genre | : Law |
ISBN | : 9462656118 |
Download Honest Errors? Combat Decision-Making 75 Years After the Hostage Case Book in PDF, ePub and Kindle
This book marks the 75th anniversary of the 1948 Hostage Case in which a US military tribunal in Nuremberg acquitted General Lothar Rendulic of devastating Northern Norway on account of his honest factual error. The volume critically reappraises the law and facts underlying his trial, the no second-guessing rule in customary international humanitarian law (IHL) that is named after the general himself, and the assessment of modern battlefield decisions. Using recently discovered documents, this volume casts major doubts on Rendulic’s claim that he considered the region’s total devastation and the forcible evacuation of all of its inhabitants imperatively demanded by military necessity at the time. This book’s analysis of court records reveals how the tribunal failed to examine relevant facts or explain the Rendulic Rule’s legal origin. This anthology shows that, despite the Hostage Case’s ambiguity and occasional suggestions to the contrary, objective reasonableness forms part of the reasonable commander test under IHL and the mistake of fact defence under international criminal law (ICL) to which the rule has given rise. This collection also identifies modern warfare’s characteristics—human judgment, de-empathetic battlespace, and institutional bias—that may make it problematic to deem some errors both honest and reasonable. The Rendulic Rule embodies an otherwise firmly established admonition against judging contentious battlefield decisions with hindsight. Nevertheless, it was born of a factually ill-suited case and continues to raise significant legal as well as ethical challenges today. The most comprehensive study of the Rendulic Rule ever to appear in English, this multi-disciplinary anthology will appeal to researchers and practitioners of IHL and ICL, as well as military historians and military ethicists and offers ground-breaking new research. Nobuo Hayashi is affiliated to the Centre for International and Operational Law at the Swedish Defence University in Stockholm, Sweden. Carola Lingaas is affiliated to the Faculty of Social Studies at VID Specialized University in Oslo, Norway.
Author | : Sigrid Redse Johansen |
Publisher | : Cambridge University Press |
Total Pages | : 451 |
Release | : 2019-10-03 |
Genre | : Law |
ISBN | : 1108493920 |
Download The Military Commander's Necessity Book in PDF, ePub and Kindle
A comprehensive examination of the legal limits to the military commander's assessment of military necessity during armed conflict.
Author | : Nobuo Hayashi |
Publisher | : Cambridge University Press |
Total Pages | : 453 |
Release | : 2020-03-26 |
Genre | : Law |
ISBN | : 1108484719 |
Download Military Necessity Book in PDF, ePub and Kindle
Explores the normative foundation of international humanitarian law by developing and defending a new theory of military necessity.
Author | : Jean-Marie Henckaerts |
Publisher | : Cambridge University Press |
Total Pages | : 610 |
Release | : 2005-03-03 |
Genre | : Law |
ISBN | : 0521808995 |
Download Customary International Humanitarian Law Book in PDF, ePub and Kindle
Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.
Author | : Christopher Jon Lamb |
Publisher | : Office of Chairman of Joint Chiefs of Staff |
Total Pages | : 338 |
Release | : 2018 |
Genre | : Cambodia |
ISBN | : 9780160945038 |
Download The Mayaguez Crisis, Mission Command, and Civil-military Relations Book in PDF, ePub and Kindle
Preface -- Abbreviations -- Key figures in the Mayaguez Crisis -- Introduction -- Day one: Monday, May 12 -- Day two: Tuesday, May 13 -- Day three: Wednesday, May 14 -- Day four: Thursday, May 15 -- Critical crisis decisions -- Explaining decisions, behaviors and outcomes -- Refining the explanation: rationality, bureaucracy and beliefs -- Findings, issues, prescriptions -- Conclusion.
Author | : Tom Nichols |
Publisher | : Oxford University Press |
Total Pages | : 337 |
Release | : 2024 |
Genre | : Computers |
ISBN | : 0197763839 |
Download The Death of Expertise Book in PDF, ePub and Kindle
"In the early 1990s, a small group of "AIDS denialists," including a University of California professor named Peter Duesberg, argued against virtually the entire medical establishment's consensus that the human immunodeficiency virus (HIV) was the cause of Acquired Immune Deficiency Syndrome. Science thrives on such counterintuitive challenges, but there was no evidence for Duesberg's beliefs, which turned out to be baseless. Once researchers found HIV, doctors and public health officials were able to save countless lives through measures aimed at preventing its transmission"--
Author | : Nasour Koursami |
Publisher | : Springer |
Total Pages | : 243 |
Release | : 2018-02-10 |
Genre | : Law |
ISBN | : 9462652252 |
Download The 'Contextual Elements' of the Crime of Genocide Book in PDF, ePub and Kindle
This book examines the position of ‘contextual elements’ as a constitutive element of the legal definition of the crime of genocide, and determines the extent to which an individual génocidaire is required to act within a particular genocidal context. Unlike other books in the field of the study of the crime of genocide, this book captures the nuance and the complex issues of the debate by providing book-length comprehensive examination of the position of contextual elements in light of the evolution of genocide as a concept and the literal legal definition of the crime of genocide, which expressly characterized the crime with only the existence of an individualistic intent to destroy a group. With scholars of international criminal law, students, researchers, practitioners in the field, and international criminal tribunals in mind, the author tackles many of the issues raised on the position of contextual elements in both academic literature and judicial decisions. Nasour Koursami is the Director of Applied Research and a Lecturer at the National School of Administration in Chad. He studied law at Cardiff and Bristol Universities and holds a Ph.D. in International Law from the University of Edinburgh.
Author | : Rose McDermott |
Publisher | : University of Michigan Press |
Total Pages | : 256 |
Release | : 2001 |
Genre | : Political Science |
ISBN | : 9780472087877 |
Download Risk-Taking in International Politics Book in PDF, ePub and Kindle
Discusses the way leaders deal with risk in making foreign policy decisions
Author | : Thomas P Odom |
Publisher | : www.Militarybookshop.CompanyUK |
Total Pages | : 238 |
Release | : 2010-12-01 |
Genre | : History |
ISBN | : 9781780390024 |
Download Dragon Operations Book in PDF, ePub and Kindle
In August 1964, thousands of Simba rebels attacked and captured the city of Stanleyville in the newly independent Republic of the Congo and took more than 1,600 European and American residents as hostages, threatening to kill them if any attempt was made to recapture the city. In November of that year, after months of increasingly tense and complex discussions among the governments whose nationals were being held, an airborne assault by Belgian paracommandos dropped by American Air Force planes, combined with a CIA-piloted air strike against the Stanleyville airport, liberated most of the hostages, but only after a Simba-initiated massacre. "Dragon Operations: Hostage Rescues in the Congo, 1964-1965" provides both the political background to these events and a detailed account of the actual operations: Dragon Rouge, the operations in Stanleyville, and Dragon Noir, focused on the city of Paulis, several hundred miles away. The book highlights the difficulties in organizing an international rescue effort with insufficient joint planning and inadequate command and control among the Belgian and American forces, as well as their differing political ideas and goals. The ad hoc nature of the planning was exemplified by an initial American Special Forces plan to air drop its forces east of Stanleyville and float down the river to Stanleyville. This plan was aborted when it was pointed out that the existence of Stanley Falls between the drop zone and the city was an insuperable obstacle. The operation also suffered from the Belgian commander's colonial-era contempt for the numerical strength of the Simbas and American fears of what was in reality a non-existent Communist element in the rebel movement."Dragon Operations" demonstrates that, despite the slapdash nature of their planning and communications aspects, as well as the distance involved, the austere support, the large number of hostages, and a lack of intelligence data, they were remarkably successful in rescuing most of the hostages. Although less than ideal, the operations worked better than expected, given the conditions under which they were conducted. This important study of an almost forgotten episode of the Cold War has much to offer to military strategists and tacticians, political scientists and students of contemporary history alike. Orginally published in 1988: 236 p. maps. ill.